Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
Ct. Cases 2307/2025
RAM KHILAWAN Vs. KHUSHBOO (DELHI CANTT. RAILWAY
STATION)
05.02.2026
Present: Ld. Counsel for complainant.
Arguments heard on application u/s 175(3) BNSS.
Put up for orders at 4:00 PM.
(Vaibhav Garg)
JMFC-11/Central/THC
05.02.2026
At 4:00 PM
ORDER ON APPLICATION U/s 175(3) BNSS
1. This is an application u/S 175(3) BNSS seeking a direction
for registration of FIR filed by the complainant.
2. The complainant has alleged that his brother / deceased
Rajeev, who has been murdered in a brutal manner by alleged accused
persons. It is further stated in the complaint that his brother/deceased
Rajeev was married to accused No.1 Khushboo and the said Khushboo
had an illicit relationship and threatened Rajeev to leave him. It is further
stated that on 17.01.2025 at about 7-8 PM, Rajeev had gone to a liquor
shop near Kirti Nagar Railway Station along with accused No.2 Ram
Sachche and accused No.3 Vivek Rana and both of them, in furtherance
of conspiracy, murdered Rajeev and threw his body on the railway track
to appear as an accident. It is further stated that the complainant has
strong reasons to believe that the murder was committed by accused
Contd…..
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Ram Sachche and Vivek Rana, at the behest of accused Khushboo, wife
of deceased Rajeev, as there was constant quarrel between the deceased
and Khushboo.
3. Detailed arguments were heard on the application under
section 175 (3) BNSS. This Court has also perused the entire record.
4. The application is accompanied with an affidavit in terms of
the mandate of the Hon’ble Supreme Court in
Priyanka Srivastava vs
State of UP, (2015) 6 SCC 287. Perusal of the complainant as well as the
affidavit reveals that the complainant has averred in his complaint and
has placed supporting documents on record to the effect that he had
approached the concerned Police Station as well as the Commissioner of
Police, Delhi and thus has approached the court after exhausting the
remedy available under BNSS.
5. The law on the point of Section 156(3) CrPC is not res
integra anymore. Reference may also be made to the judgment of the
Hon’ble Supreme Court in State of Haryana vs Bhajan Lal 1992 Supp
(1) SCC 335 and reiterated in Babu Venkatesh vs State of Karnataka
(2022) 5 SCC 639, M/s Skipper Beverages (P) Ltd. vs. State, 2001 SCC
OnLine Del 448 and Subhkaran Luharuka vs State (Govt. of NCT of
Delhi), 2010 SCC OnLine Del 2324.
6. It is amply clear that Section 156(3) of the Code aims at
curtailing and controlling the arbitrariness on the part of the police
authorities in the matter of registration of FIRs and taking up
investigations. The provision empowers the Magistrate to issue
directions in this regard, however, the Magistrate is also required to be
cautious that this provision is not misused by the complainants to get
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police cases registered in non-serious matters. In such cases, the
Magistrate himself can hold an enquiry under Chapter XV and proceed
against the accused, if required. Therefore, a Magistrate, must apply his
mind before passing an order under Section 156(3) of the Code and
must not pass these orders mechanically on the mere asking by the
complaint. These powers ought to be exercised primarily in those cases
where the allegations are quite serious or evidence is beyond the reach
of complaint or custodial interrogation appears to be necessary for some
recovery of article or discovery of fact.
7. The bare perusal of allegations indicate the commission of
a cognizable offence. Thus, in the circumstances of the case and
seriousness of the allegations made, it becomes imperative that an
investigation is carried out by the police in order unearth the complete
truth and evidences.
8. Accordingly, the application u/S 175(3) BNSS stands
allowed and the SHO PS Delhi Cantt. Railway Station is directed to
register FIR under the relevant provisions and carry out investigation
thereupon.
9. Let a copy of this order be sent to the SHO concerned for
necessary action.
10. Put up for filing of a compliance report on 07.03.2026.
(Vaibhav Garg)
JMFC-11/Central/THC
05.02.2026
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